2012 January Intersession Course Directory and Registration

CREDIT: All are 1 unit courses. The 1 unit counts toward a student's total spring semester units for purposes of full-time status (but does not count toward the spring semester units for purposes of determining if a law student is over the limit of 17 units).

ELIGIBILITY TO ENROLL: Upper-level law students are eligible to take these courses, including 2L, 3L, LLM, JSD, and MJS students. Washington University graduate-level students are eligible, as are WashU upper-level juniors and seniors. (First-year JDs are not eligible to take these courses and are required to take Negotiation and attend career services programming during the intersession week.)

TUITION: There is no additional charge beyond the spring semester tuition for full-time Washington University law students in degree programs or for visiting law students who are paying full-time tuition. Full-time non-law Washington University graduate students may not have to pay extra for a law school intersession course, but should confirm this with their department. For those who must pay tuition, the cost is$1,900.

PRE-REQUISITES: Read course descriptions carefully and take note of any co/pre-requisites, recommended courses, or other course eligibility requirements.

EXAMS: Most courses require a take-home exam that will be available via MyLaw on the afternoon of Fri, Jan. 13, 2012, and will be due by 8:00am on Tues, Jan. 17, 2012 (read course descriptions for specifics about each course).

PRE-REGISTRATION: Begins Wed., Oct. 12 and ends at midnight on Thurs., Oct. 20. Interested students should click on the link found below under 'PRE-REGISTRATION FORM". This online form may be used by all interested students - WU Law, SLU Law, non-law students, etc.

All students must indicate at least three choices when submitting the online form.

Students will be notified of the course they are placed in prior to the start of online registration for the regular Spring 2012 semester (likely by Fri, Nov. 4). Although students cannot be guaranteed that they will get into a particular course, there should be no problem placing everyone into one of the courses. Priority will be based on seniority (those graduating in May 2012 will have priority over others graduating later). There is no advantage to pre-registering quickly, just as long as you register by the Oct. 20th deadline. If a student is placed in a course that is not their first choice, they will be placed on the waitlist(s) for their preferred course(s).

DROP DEADLINE: The drop deadline for these courses is Thurs., Dec. 1, 2011.

NON-LAW STUDENTS: Non-law graduate-level students are welcome to take these courses and should follow the same registration instructions as law students. Some upper-level undergraduate students (juniors and seniors) may be eligible to take these courses and should follow the same instructions as graduate-level students. Non-law students must additionally complete an approval form, click here to view. (which involves obtaining their departmental approval - either in the form of a signature on the form or via an email from their department/advisor); however, non-law students can assume professor approval. Freshmen and sophomores are not eligible to take law school courses.

COURSE DESCRIPTIONS

Business Negotiation

Enrollment limit: 40. [Students are not eligible to take both this course and any other section of Business Negotiation Theory & Practice: W74 578C or 578H] Negotiation skills play a critical role in determining how successful lawyers are in their work. These skills are needed in any situation where the terms of an agreement or contract must be determined (mergers, joint ventures, litigation settlements, partnership agreements, and so forth), and also in the day-to-day work of dealing with clients, partners, employees, judges, legislators, and colleagues. The premise of this course is that, while attorneys need analytical skills to discover solutions to negotiation problems, bargaining skills are needed for solutions to be accepted by others and implemented. The purpose of this course is to help you become a more skillful in negotiating a broad range of business and negotiation problems faced by lawyers. Because practice is essential for negotiation skills to develop, practice opportunities are offered throughout the course. There are no exams. Rather, you will complete a paper that will account for 60% of the course grade. Class participation will determine the other 40% of the course grade. Class participation will consist of attendance, performance in negotiation simulations, and contribution to in-class discussions. Grading will be modified pass/fail (HP94, P, LP78, F70). The final paper will be uploaded via the MyLaw take-home exam site, which will become available Fri., Jan. 13 and will remain open until the paper is due, by 8:00 a.m. on Tues., Jan. 17 . This course includes a lab/case fee. 1 unit.

Chapter 11 Strategies for the Business Lawyer

Enrollment limit: 40. This course will provide the foundation essential for any business lawyer in today's corporate world where chapter 11 "mega" cases frequently intersect with corporate and litigation matters. Class discussion will be based on a hypothetical problem modeled after current bankruptcy cases, and students will have the opportunity to learn chapter 11 strategies from the perspective of secured and unsecured creditors, indenture trustees, venture capital, equity holders, and the corporate debtor. This class will cover the essential elements of corporate bankruptcies ranging from the automatic stay, fraudulent transfers, and preferences through plan confirmation in chapter 11 bankruptcy cases. Bankruptcy is not a prerequisite and students who take this course will still be eligible to take any of the bankruptcy courses offered at WUSTL. While there are no prerequisites for this course, students without some background in corporate or business issues may be at a disadvantage. Attendance, preparation, and class participation will be required. The final grade on this course will be on a modified pass/fail basis (HP94, P, LP78, F70) and based on a take-home written examination. The take-home examination will be uploaded via the MyLaw take-home exam site, which will be available Fri., Jan. 13, and will remain open until the examination is due, by 8:00 a.m. on Tues., Jan. 17. 1 unit.

Electronic Evidence in the Age of Cloud Computing

Enrollment Limit: 50. Students who have completed Evidence are eligible to take this class. Computers and electronic devices have changed the way we communicate, and electronically stored information (“ESI”) is quickly changing the cost and dynamics of litigation. In this course we will review the basics of computer files, storage and retrieval, and computer forensics, and will examine what some of this ESI looks like. We will then explore E-discovery, including the E-discovery rules, triggers and preservation, proportionality and cooperation, spoliation and sanctions. Finally, we will focus on the evidentiary aspects of ESI, including privilege and FRE Rule 502, and how rules such as authentication, relevance, prejudice, best evidence and hearsay apply in the electronic world. Attendance will be taken each day. Grading will be modified pass/fail (HP94, P, LP78, F70), and will be based on a take-home written examination (and class attendance, preparation, and participation may be taken into consideration). The take-home final will be uploaded via the MyLaw take-home exam site, which will be available Fri., Jan. 13, and will remain open until the examination is due, by 8:00 am on Tues., Jan. 17. 1 unit.

International Arbitration

Enrollment limit: 60. Arbitration is one of the methods to resolve disputes. The characteristics of party autonomy, confidentiality, convenience as well as enforceability have made arbitration become an attracting method to the commercial world. The aim of this course is to help the students understand systematically international commercial arbitration law, find out the way to resolve international commercial disputes through arbitration. After the comparative studies on different methods for disputes resolution, the course will focus on several important topics on international commercial arbitration. The main contents of this course include five parts: Part one is a general introduction to international commercial arbitration which will focus on the advantages and characteristics of arbitration compared with other disputes resolutions such as litigation and ADR; Part two will examine the basic requirements for an effective arbitration agreement, the applicable law to the validity and interpretation of an international arbitration agreement as well as the widely accepted doctrine of separability from the perspective of Chinese arbitration law and practice; Part three will introduce the composition of arbitral tribunal, explore the essence of Competence-Competence doctrine in determining the jurisdiction of the arbitral tribunal; Part four will discuss the main procedural issues of international commercial arbitration, such as the interim measures before or during the arbitration proceedings, the governing law to the procedure issues and the mediation affiliated to arbitration system under the current Chinese arbitration law. The last part will overview the judicial review of the domestic competent court to arbitral award, including both setting aside or deny recognition and enforcement of an international arbitral award from a Chinese and US comparative perspective. Grading will be modified pass/fail (HP94, P, LP78, F70), and will be based on a take-home written examination (and class attendance, preparation, and participation may be taken into consideration). The take-home examination will be uploaded via the MyLaw take-home exam site, which will be available Fri., Jan. 13, and will remain open until the examination is due, by 8:00 a.m. on Tues., Jan. 17. 1 unit.

Introduction to Law Firm Practice

Enrollment limit: 60. Most law school graduates enter private practice. This course attempts to prepare them for some of the daily challenges they will encounter in such a setting by teaching them how law firms are structured, how they generate revenue and compensate lawyers, and how they develop business. It will also discuss issues such as what law firms value, how lawyers bill time, and how to deal with co-workers and clients. Teaching methods will include role play and other creative techniques. Grading will be modified pass/fail (HP94, P, LP78, F70) and based on participation and a reflective journal. Grading for this course will not be anonymous. The journal will be uploaded via the MyLaw take-home exam site, which will be available Fri., Jan. 13, and will remain open until the journal is due, by 8:00 a.m. on Tues., Jan. 17. 1 unit.

Privacy in UK Tort Law

Enrollment limit: 40. This course provides an introduction to the place of privacy rights in UK tort law. Its primary focus is on how common law and equitable remedies have evolved to offer increased protection to what may be termed as “informational privacy” rights. That process of evolution has seen the courts move from a position whereby it was said that there was no common law right to privacy, towards one in which individuals increasingly assert such rights against, most notably, the media. This change has raised difficult questions about the interface between privacy rights and freedom of expression in tort law, and the course examines how UK courts approach the need to balance conflicting rights. In doing so, it also considers the impact that the European Convention on Human Rights is having on UK tort law under the terms of the Human Rights Act 1998. Attendance, preparation, and class participation will be required for the course, which will be led on the basis of interactive methods. Grading will be modified pass/fail (HP94, P, LP78, F70) and will be based on a take-home written examination. The examination will be uploaded via the MyLaw take-home exam site, which will be available Fri., Jan. 13, and will remain open until the examination is due, by 8:00 a.m. on Tues., Jan. 17. 1 unit.

The Interaction of Business, Government, and Public Policy in a Democratic Society

Enrollment limit: 30. This course will expose the students to governmental relations in the federal system and will teach students skills relating to lobbying, networking and business development for lawyers. We will discuss the influence of money in the political process and how it impacts the decision-making, along with the ethical implications. The objective of this course will be to prepare the students to work in a governmental relations firm, trade association, not-for-profit, corporation or law firm with an emphasis on government practice. The students will also develop an understanding of the relationship between business and government and will be better prepared to communicate and network with potential legal and business associates. Class will be very interactive, enabling controversial views to be exchanged in a “safe environment” with respect. We will discuss numerous topical articles and there will be a mock lobbying exercise. Grading will be based on a briefing paper (2-3 pages due on the day of the last class), a final paper tracing the historical relationship of a major firm with government (due 8:00 a.m. on Tues., Jan. 17), and class participation. Grading will be modified pass/fail (HP94, P, LP78, F70). The final paper will be uploaded via the MyLaw take-home exam site, which will be available Fri., Jan. 13, and will remain open until the paper is due, by 8:00 a.m on Tues., Jan. 17. 1 unit.

Transnational Migration and Citizenship

Enrollment limit: 40. This course aims to provide an overview of the relationship between transnational migration and citizenship regulations in a globalized world. The course will cover the policy and legal aspects of transnational migration and citizenship. It will also cover the international rules applying to migrants and their national application and scrutiny. Particular attention will be devoted to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as an important international instrument to regulate transnational migration and migrants´ rights. The situation of the undocumented migrants will be analyzed paying particular attention to the rights protected by international law. The evolution of transnational migration created great challenges to the set ideas on citizenship. Migrants aspire to be citizens and this aspiration confronts the well established rules on states´ sovereignty over citizenship. Examples of transnational citizenship and European citizenship will illustrate the denationalization of citizenship. Students will be encouraged to discuss the set ideas on citizenship as the exclusive domestic jurisdiction and its relation with globalization and transnational migration. The course will follow an interactive “socratic” method. Students will be encouraged to participate in class and contribute with their own views on the different subjects covered in the course. Some lecturing might be necessary. Assessment will be 50% in class participation and 50% a take-home exam essay due at 8:00 a.m.on Tues., Jan. 17, 2012. Grading will be modified pass/fail (HP94, P, LP78, F70). The take-home exam essay will be uploaded via the MyLaw take-home exam site, which will be available Fri., Jan. 13, and will remain open until the essay is due, by 8:00 a.m. on Tues., Jan. 17. 1 unit.